[cc-br] Corte Estadunidense condena cidadã a pagar U$222.000 às gravadoras

André Nunes dede.mathias at gmail.com
Fri Oct 5 15:42:09 EDT 2007


Os estadunidenses novamente surpreendendo: corte condena mulher a pagar
indenização milionária à indústria fonográfica. Com diz um velho ditado: "da
cabeça do juiz e da bunda do neném..."

http://news.bbc.co.uk/2/hi/technology/7029229.stm

"Jury penalises music file-sharer

 * A court in the US has ordered a woman to pay $222,000 (£109,000) in
damages for illegally file-sharing music. *

The jury ordered Jammie Thomas, 32, from Minnesota, to pay for offering to
share 24 specific songs online - a cost of $9,250 per song.

Record companies said she had illegally shared a total of 1,702 songs.

Ms Thomas, who denied the charges, was the first person accused of illegal
file-sharing who decided to fight the case in court.

Each year, millions of households illegally share music files, and the music
industry takes it as a serious threat to its revenue.

About 26,000 lawsuits have been filed against alleged file-sharers, but most
defendants settle privately by paying damages amounting to a few thousand
dollars.

* Industry defiant *

However, contesting the charge and losing will cost Jammie Thomas almost a
quarter of a million dollars.

  Her lawyer, Brian Toder, told the Associated Press that Ms Thomas was
reduced to tears by the verdict.

"This is a girl that lives from pay cheque to pay cheque, and now all of a
sudden she could get a quarter of her pay cheque garnished for the rest of
her life," he said.

The US record industry said investigators located an individual with the
screen name "tereastarr at KaZaA", using the Kazaa file-sharing software
program.

"This individual was downloading copyrighted sounds recordings from other
users of the Kazaa network, and was distributing copyrighted sound
recordings stored on her computer to other Kazaa users," the plaintiffs
said.


 HAVE YOUR SAY
 * The art form has been traded in for a bottom line *
 Tavie Meier, Boulder, USA

A spokesman for the record companies said he hoped people would understand
the verdict.

Richard Gabriel, a lawyer for the music companies, said the verdict was
important.

"This does send a message, I hope, that downloading and distributing our
recordings is not okay," he told AP.


 * Our message is: we don't want to litigate - don't leave yourself exposed
to litigation *
 John Kennedy, chief executive of the International Federation of the
Phonographic Industries

He said no decision had yet been made about what the record companies would
do, if anything, to pursue collecting the money from Ms Thomas.

John Kennedy, chief executive of the International Federation of the
Phonographic Industries, which represents record labels, said they were
"reluctant litigators".

"We do everything possible to persuade people not to leave themselves
exposed to litigation. We educate, we warn, we even try and settle before a
case gets to court."

He said he hoped the fine would prove a deterrent to others.

"Our message is: we don't want to litigate - don't leave yourself exposed to
litigation," he added."
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